Sowder v. Boston Scientific Corporation
Filing
91
MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) denying 41 MOTION by Boston Scientific Corporation for Partial Summary Judgment on Plaintiff's Punitive Damages Claim. Signed by Judge Joseph R. Goodwin on 5/8/2015. (cc: counsel of record; any unrepresented party) (ts)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
VERONICA SOWDER,
Plaintiff,
v.
Civil Action No. 2:13-cv-05149
BOSTON SCIENTIFIC CORP.,
Defendant.
MEMORANDUM OPINION AND ORDER
(Defendant’s Motion for Partial Summary Judgment)
Pending before the court is defendant Boston Scientific Corporation’s (“BSC”) Motion
for Partial Summary Judgment on Plaintiff Veronica Sowder’s Punitive Damages Claim
(“Motion for Partial Summary Judgment”) [Docket 41]. To obtain summary judgment, “the
movant must show that there is no genuine dispute as to any material fact and that the movant is
entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). In turn, to avoid summary
judgment, the nonmovant must offer some “concrete evidence from which a reasonable juror
could return a verdict” in his or her favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256
(1986).
The question of whether a plaintiff is entitled to punitive damages often involves an
interlocking web of factual determinations respecting the defendant’s conduct. A court thus
treads cautiously, especially pretrial, when adjudicating a peremptory request to remove the
matter entirely from the factfinder’s consideration. The evidentiary record is frequently muddled
enough on the point that genuine issues of material fact remain. That is the case here.
Consequently, BSC is not, at least at this stage of the case, entitled to judgment as a matter of
law on the punitive damages claim. The court will be better equipped to assess, and perhaps
resolve, the issue at the stage for Rule 50 motions. For these reasons, the Motion for Partial
Summary Judgment [Docket 41] is DENIED.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented party.
ENTER:
2
May 8, 2015
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?